The Legal Pad

Never Assume

    I assume you know that drivers in Missouri must have motor vehicle liability insurance coverage. If you drive in our state, you must show proof of insurance when you register a vehicle and when you renew your license plates. You must have proof of insurance in your vehicle at all times. Liability insurance covers your legal liability when there are injuries or property damage as a result of your actions. It's the law. Period.

    Here are two things you cannot assume:

    (1) Your doctor and/or your surgeon has medical malpractice insurance.

    Physicians and/or surgeons who practice in Missouri are not required to have medical malpractice insurance -- unless they're on the staff of a hospital located in a county with a population of more than 75,000 inhabitants.

    There are 102 Missouri counties where there are less than 75,000 inhabitants. Did you assume your doctor and/or your surgeon has medical malpractice insurance?

    (2) Your attorney has professional liability insurance.

    Attorneys who practice law in Missouri are not required to have professional liability insurance. There are over 30,000 licensed Missouri attorneys. Did you assume that your lawyer had professional liability insurance? There is no law.

    Since it's illegal to drive a motor vehicle in Missouri without vehicle insurance, then you can assume your doctor and your lawyer has car insurance -- just like you.

    On the other hand, your doctor or your surgeon may or may not have medical malpractice insurance and your attorney may or may not have professional liability insurance. You can't assume they do.

    If you need a lawyer and you call The Missouri Bar Lawyer Referral Service, you CAN be assured that the attorney you're referred to DOES have professional liability insurance. All of our members are required to be insured.

    That's one less thing you need to wonder or worry about -- it's taken care of. You don't have to ask and you don't have to assume. We insist they have insurance. It's a requirement. It's a rule. Period.

Can a Hero Wear Loafers with Tassels?

    I've heard a lot of lawyer jokes over the years. I understand how someone who has been sued can feel like the world would be a better place if there were no lawyers...and I'm sure most people who have been through a divorce don't have a warm feeling about their ex-spouse's attorney.

    I am not going to subject you to a defense of the legal profession. I'm not going to tell you how some of the best people you'll ever meet are lawyers. That's because some of the best people you'll ever meet are cooks, plumbers, school teachers, parents, janitors, and engineers. No single profession has a monopoly on people who are sincere, who care about doing their best for others, and who make the world a better place.

    I mention this because part of my job last month was to interview all the attorneys who will be receiving awards at this year's Annual Meeting of The Missouri Bar. I asked them each a few questions about their accomplishments, and I was impressed -- not by what they did -- but by who they were.

    They've used their law degrees to make the world a little more just. They are passionate. Some, about helping others; some about understanding an area of law; others about improving Missouri's legal system.

    If you have a few minutes, you might get your day off to a good start by clicking on a few of the interviews -- just to meet some lawyers who will never be the butt of a lawyer joke.

    Here's the link: Interviews with Award Winners

The "F" Word

    First things first -- Be forewarned. I'm going to be blunt.

    We're going to have a frank discussion in an open forum where there are no filters. We're going to talk about the "F" word.

    Now that I have your attention -- know this. Ignoring this won't help. Ignoring this won't make it go away. How you choose to behave will have an impact on yourself, your family, your friends, and your co-workers. Frankly, I don't have a choice, and neither do you.

    We're all going to have to step up to the plate and act like grown-ups. It's our personal responsibility. Why? It's simple. We're all in this together.

    What am I talking about? You haven't figured it out yet? You have some clues. I'm talking about the BIG "F" word. I'm talking about the FLU.

    Here are some facts. On September 11, 2009, Donald McNeil, Jr., reported in The New York Times, that the flu pandemic has now reached 168 countries. "Swine flu" has infected more than one million people. More than 550 people have died. There have been 8,800 hospitalizations reported to the CDC.

        The Associated Press reports that so far, one in 13 "swine flu" deaths have been of children -- most of school age. Over 80% of the children who have died were age 5 or older. Those are sobering reports. It's going to get worse.

    Most of you are reading this at work. So, let's talk about the workplace. I'm sure you've heard some of these ... "Oh, I don't believe in getting a flu shot." How about this one? "I take lots of Vitamin C so I don't get the flu." Or, this one ... "I'm not that sick. I'll just shut my office door so I won't give it to someone else." Oh yeah? Get real.

    You're sick. You go to work. Now, you've spread the wealth. Other employees can get sick because of you. They go home and expose their family and their family members can get sick too. How responsible is that? Do you think people will thank you? I don't think so.

    Exposing other employees to your crud is not responsible adult behavior. It's a mistaken belief that you are more important than the rest of the folks you work with. It's a clear indication that you don't care about or respect your co-workers. Think about that for just a minute.

    No, this isn't some far-fetched scenario. It happens. It happens all the time. I think it's time for a good dose of some old-fashioned common sense.

    Step up and educate yourself. You can start right here -- Center for Disease Control. You owe it to yourself, your family, your friends, and your co-workers. Read about what is happening and the steps you can take to reduce the impact on yourself and others.

    Get a seasonal flu shot. They're available right now. Oh, you don't have time? Sorry. I'm not buying that. In some areas, flu shots are available seven days a week. I got my seasonal flu shot this past Sunday afternoon.

     One important note. The seasonal flu vaccine won't specifically protect you against the H1N1 "swine flu"... but the H1N1 vaccine is on the way.

    I just read on-line that Kathleen Sebelius, our nation's Health Secretary, said the H1N1 "swine flu" vaccine might be available as early as the first week in October -- sooner than expected. When the "swine flu" vaccine is available, if you can, get one of those shots too.

    Be responsible. Be a grown-up. It's just the right thing to do.

P. S.   Just to be clear ... The CDC answers the question: Why is 2009 H1N1 virus sometimes called "swine flu"?  This virus was originally referred to as "swine flu" because laboratory testing showed that many of the genes in this new virus were very similar to influenza viruses that normally occur in pigs (swine) in North America. But further study has shown that this new virus is very different from what normally circulates in North American pigs. It has two genes from flu viruses that normally circulate in pigs in Europe and Asia and bird (avian) genes and human genes. Scientists call this a "quadruple reassortant".  

Right Between the Eyes

    Late in the afternoon, as I was getting close to finishing up a project, I took a break and went outside. The air was heavy. It was hot and humid -- a definite change from the morning. I wasn't outside for very long. I got an instant headache.

    The pain was right above and between my eyebrow bones. It was nasty. I took some Ibuprofen. Even though the pain subsided a little, it wasn't going away. I woke up the next morning and still had this headache. It wasn't bad enough to call in to work and claim I was sick -- but it was one of those headaches that made me pretty darn cranky.

    Having a headache can interfere with your job. When your head is pounding, your thinking is impaired. You're more irritable and your efficiency decreases. Your energy level dips. Your focus is on the pain. All you have to do is add a complaining client to that mix -- and both your customer service and concentration skills go right out the window.

    The New England Center for Headache reports headaches are the leading cause of absenteeism from the workplace and accounts for the loss of some 150 million workdays per year in the United States alone. The cost of lost labor hours is estimated to be as high as $17 billion dollars each year. More patients who visit doctors complain of headaches than of any other single ailment.

    Modifying your lifestyle may significantly lower the frequency of headaches. Get regular sleep, eat regular meals, get moderate amounts of routine exercise, drink plenty of water, limit caffeine, alcohol, other drugs, and reduce stress.

    Some foods can trigger headaches. Among some of the culprits: processed and cured meats (containing nitrates), nuts, MSG, chocolate, aged cheese, and freshly baked yeast bread products. Sudden changes in temperature and drops in barometric pressure can also trigger headaches.

    After it rained, my headache was gone. My headache may have been due to the abrupt change in the weather. When The National Headache Foundation conducted a survey of headache sufferers, three out of four people reported weather or barometric pressure changes as triggers.

    On the other hand, it may have had something to do with -- the donut I ate that morning, the coffee I drank all day long, and the huge amount of chocolate that was missing from my candy bowl. Ya think?

    Do you dread headaches? Have you called in sick due to a headache? Did you feel guilty? Have you ever heard anyone say they've never had a headache? Nope, me neither.

    Interested in learning more about headaches? Here are a couple of resources for you.

    The New England Center for Headache

    National Headache Foundation